1986 Ed.]
Affiliation Proceedings
[CAP. 183
3
(2) A single woman who has been delivered of a child may, upon proof that-
(a) before the birth she was a party to a marriage which would have been valid but for provisions of any law making it void on account of her, or the other party to the marriage, being under the age at which she, or the other party, might legally contract a marriage, and
(b) the said other party had access to her within 12 months before the birth,
make at any time an application under section 3 against that party, notwithstanding that he may not within the 12 months next after the birth have paid money for or contributed to the child's maintenance.
5. (1) On the hearing of an application under section 3, the court shall hear the evidence of the mother (notwithstanding any consent or admission on the part of the defendant) and such other evidence as she may produce, and shall also hear any evidence tendered by or on behalf of the defendant.
(2) If the evidence of the mother is corroborated in some material particular by other evidence to the court's satisfaction, the court may adjudge the defendant to be the putative father of the child and may also, if it thinks fit in all the circumstances of the case, proceed to make against the defendant an order for the payment by him of-
(a) such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the child, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining and educating the child before the making of the order to be met, or for both, as the court thinks reasonable; (Replaced, 64 of 1986, s. 3)
(aa) such periodical payment for the maintenance and education of the child as the court thinks reasonable; (Added, 64 of 1986, s. 3)
(b) the expenses incidental to the birth of the child;
(c) the funeral expenses of the child, if it has died before the making of the order; and
(d) such costs as may have been incurred in obtaining the order.
(3) Where an application under section 3 is made before or within 2 months after the birth of the child, any periodical payment ordered to be paid under subsection (2)(aa) may, if the court thinks fit, be calculated from the date of the birth. (Amended, 64 of 1986, s. 3)
(4) On the hearing of an application under this Ordinance, the court may, if the application is dismissed, order that the plaintiff shall pay to the defendant the costs incurred by him in defending the proceedings.
Powers of court on hearing of application. 1957 c. 55, s. 4.